A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §4-1-24; and to amend
said code by adding thereto a new section, designated §9-3-6,
all relating to implementing drug testing for legislators of
the State of West Virginia and for applicants and recipients
of temporary assistance for needy families cash benefits;
providing for a substance abuse treatment program; providing
for protective or vendor payments to a third-party payee for
the benefit of the members of the household; ensuring
confidentiality of records.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §4-1-24; and that said
code be amended by adding thereto a new section, designated §9-3-6,
all to read as follows:

CHAPTER 4. THE LEGISLATURE.

ARTICLE 1. OFFICERS, MEMBERS AND EMPLOYEES; APPROPRIATIONS;
INVESTIGATIONS; DISPLAY OF FLAGS; RECORDS; USE OF
CAPITOL BUILDING; PREFILING OF BILLS AND
RESOLUTIONS; STANDING COMMITTEES; INTERIM
MEETINGS; NEXT MEETING OF THE SENATE.

§4-1-24. Drug testing for legislators.

(a) On the first day of each regular session of the
Legislature, the Commissioner of the Division of Human Services
shall administer drug testing to each member of the Legislature.
This test shall provide a mechanism to detect illegal consumption
of controlled substances.

(b) All persons who are members of the Legislature must submit
to the commissioner’s drug testing program.

(c) Any member of the Legislature who fails an initial drug
test must submit to a second drug test no less than thirty days
following the initial drug test, but not to exceed sixty days
following the initial test. If this second test is not passed, the
member shall forfeit all pay and allowances for that calendar year.

(d) The commissioner shall be responsible for ensuring the
confidentiality of any and all drug test results administered as
part of the program. Drug test results shall only be used for the
purpose of determining fitness for pay and allowances under
subsection (c) of this section. At no time shall drug test results
be released to any public or private person or entity.

CHAPTER 9. HUMAN SERVICES.

ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE.

§9-3-6. Drug testing for recipients of federal-state and state assistance.

(a) The Commissioner of the Division of Human Services shall
institute a drug testing program for controlled substances for all
applicants and recipients for temporary assistance for needy
families cash benefits. The program shall contain, at a minimum,
random testing, probable cause testing, testing at the time of
application and treatment for substance abuse.

(b) The commissioner shall deny, or otherwise deem ineligible,
any applicant for federal-state or state assistance in the form of
temporary assistance for needy families cash benefits, if the
applicant or recipient twice fails a drug test for illegal
consumption of those controlled substances which the commissioner
shall designate. However, the commissioner shall refer a
work-eligible applicant or work-eligible recipient who tested
positive for the use of a controlled substance under this section
to an appropriate substance abuse treatment program approved by the
division. Other members of a household which includes a person who
has been declared ineligible for temporary assistance for needy
families assistance shall, if otherwise eligible, continue to
receive temporary assistance for needy families benefits as
protective or vendor payments to a third-party payee for the
benefit of the members of the household.

(c) Any applicant for, or recipient of, federal-state or state
assistance in the form of temporary assistance for needy families
cash benefits shall submit to the commissioner's drug testing
program as a requirement for eligibility or continued receipt of
such assistance. Failure to comply shall be the same as twice
failing a drug test.

(d) Any applicant for, or recipient of, federal-state or
state assistance in the form of temporary assistance for needy
families cash benefits who fails an initial drug test shall be
required to submit to a second drug test no less than thirty days
following the initial drug test, but not to exceed sixty days. The
commissioner shall not deny, or otherwise deem ineligible, any
applicant or recipient until the failure of the second drug test.

(e) The commissioner shall not deny, or otherwise deem
ineligible, any applicant or recipient even if the applicant or
recipient fails the second drug test: Provided, That the applicant
or recipient enrolls or is enrolled in a drug treatment program
authorized by the Commissioner of the Division of Human Services.

(f) Any applicant for, or recipient of, federal-state or state
assistance in the form of temporary assistance for needy families
cash benefits denied, or otherwise deemed ineligible, by the
commissioner following a failure of an initial drug test and the
mandatory secondary test shall be ineligible to receive, or
prohibited from reapplying for, such benefits for a period of two
years from the date that commissioner denied an applicant’s or
recipient’s claim or determined the applicant or recipient to be
ineligible. Any applicant or recipient denied or deemed to be
ineligible under this section shall submit to a mandatory drug test
as part of a reapplication for federal-state or state assistance in
the form of temporary assistance for needy families cash benefits.

(g) The commissioner shall be responsible for ensuring that
applicants and recipients chosen for random drug testing are
selected at random, and not by any other criteria, including, but
not limited to, suspicion of drug use, previous drug use or
criminal conviction for drug use or possession.

(h) The commissioner shall be responsible for ensuring the
confidentiality of any and all drug test results administered as
part of the program. Drug test results shall only be used for the
purpose of denying, or determining eligibility for continued
receipt of, federal-state or state assistance in the form of
temporary assistance for needy families cash benefits. At no time
shall drug test results be released to any public or private person
or entity or any law-enforcement agency.

(i) The commissioner shall be required, after this testing
process has been in place for two years, to report to the
Legislature on the effectiveness of drug testing as observed during
those two years.

NOTE: The purpose of this bill is to create a drug testing
program for applicants and recipients of temporary assistance for
needy families cash benefits and for elected officials. Any
applicant or recipient who fails an initial drug test will be
required to pass a second drug test in the following thirty to
sixty days to maintain eligibility for or recipients of such
benefits. Failing the secondary drug test results in ineligibility
for benefits for a period of two years, and requires a mandatory
drug test as part of a reapplication for benefits. Legislators
shall be required to submit to drug testing. Any legislator who
fails two consecutive drug tests must forfeit all pay and
allowances. The bill provides for a substance abuse treatment
program. The bill provides for protective or vendor payments to a
third-party payee for the benefit of the members of the household.
The bill also ensures confidentiality of records.

§4-1-24 and §9-3-6 are new; therefore, they have been
completely underscored.